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August 15, 2024

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On behalf of The Powell Law Firm

| Family Law

Can You Get Married While You are Filing for Divorce?

After a divorce, most people do not want to rush into another relationship, let alone another marriage. But there are some who get a boyfriend or girlfriend while married or shortly after the divorce filing and want to make things official with them as soon as possible.

But, of course, there are state laws to deal with. Plus, there is bigamy to consider. Nobody wants to be accused of being married to multiple people at the same time.

So, you may wonder what the laws are in Texas. Can you get married while you are filing for divorce?

The answer is no. You must wait until the divorce is finalized. In addition, some states have a waiting period before you can get married again. Texas is one of those states. Some states have waiting periods of three months or six months. Texas has a 30-day mandatory waiting period for remarriage after divorce.

Why is there a waiting period? The waiting period exists in Texas because after a court finalizes a divorce, the parties have 30 days to file an appeal. An appeal allows the spouses to challenge the terms of the divorce agreement. This 30-day waiting period is in place so that both spouses can be certain that the terms of their divorce will not change.

Keep in mind that the total amount of time you must wait to remarry is at least 93 days. This is the minimum amount of time you will need to wait between filing for divorce and getting remarried to a new spouse. That is because there is also a 60-day waiting period between when you file for divorce and when a judge can finalize your divorce. On top of that, there is a 72-hour waiting period (three days) after getting a marriage license before you can legally marry in Texas.

Waiving the Waiting Period

Like anything else, there are exceptions. It is possible to waive the 30-day waiting period if you have good cause. Good cause can include one of the following circumstances:

  • You or your future spouse will be deployed before the waiting period ends.
  • Either of you will be reassigned to permanent duty overseas before the 30 days are over.
  • You or your future spouse will undergo surgery for a serious health problem before the end of the waiting period.
  • You had not seen or lived with your former spouse for several years before getting divorced.

In any case, the judge has the ultimate discretion to consider the facts and circumstances of your situation and make the final determination.

Contact Our Pearland TX Divorce Attorneys at The Powell Law Firm Today

After a divorce, some people want to rush into another marriage, but that is not always a good idea. Texas laws require a one-month waiting period.

If you are divorcing, make sure you understand the laws involved before, during, and after the process. Seek legal help from Pearland divorce attorney The Powell Law Firm. We give our clients candid evaluations of their cases. Knowing the positive and negative aspects of each option allows our clients to make informed decisions. To schedule a consultation, fill out the online form or call 832-850-6095.

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